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development process may commit non -HUD funds or undertake an <br />activity or project that would have an adverse environmental <br />impact or limit the choice of reasonable alternatives. Upon <br />completion of environmental review or receipt of environmental <br />clearance, City shall notify Developer. HUD funds shall not be <br />utilized before this requirement is satisfied. The environmental <br />review or violation of the provisions may result in approval, <br />modification of cancellation of the City Grant. If a project or <br />activity is exempt under 24 CFR 58.34, or is categorically <br />excluded (except in extraordinary circumstances) under 24 CFR <br />58.35(b), no RROF is required and the recipient may undertake the <br />activity immediately after the City has documented its <br />determination that each activity or project is exempt and meets the <br />conditions specified for such exemption under this section by <br />issuing a Notice to Proceed. <br />11.8 Affirmative Marketin¢. Developer shall implement and perform such <br />affirmative marketing procedures and requirements for the Property in compliance with <br />the City's adopted Program. <br />11.9 Equal Opportunitv and Nondiscrimination. Developer shall comply <br />with and cause personnel, contractors and agents to comply with the following <br />requirements as they are applicable to the performance of this Agreement: <br />(a) Title VI of the Civil Rights Act of 1964, as amended, including <br />Public Law 88-352 implemented in 24 C.F.R. Part 1. This law <br />provides in part that no person shall, on the grounds of race, color, <br />or national origin be excluded from participation in, be denied the <br />benefits of, or be subjected to discrimination under any program or <br />activity receiving federal financial assistance. In regard to the sale <br />or lease of the Site, Developer shall cause or require a covenant <br />running with the land to be inserted in the deed and leases <br />prohibiting discrimination under this Title, and providing that City <br />and the United States are beneficiaries of and entitled to enforce <br />such covenants. Developer shall enforce such covenant and shall <br />not itself so discriminate. <br />(b) Fair Housing Act, Title VIII of the Civil Rights Act of 1968, as <br />amended, including Public Law 90-234. The Fair Housing Act <br />provides in part that there shall be no discrimination in housing <br />practices on the basis of race, color, religion, sex, and national <br />origin. The Fair Housing Act was amended in 1988 to provide <br />protections from discrimination in any aspect of the sale or rental <br />of housing for families with children and persons with disabilities. <br />The Fair Housing Act also establishes requirements for the design <br />and construction of new rental or for -sale multi -family housing to <br />ensure a minimum level of accessibility for persons with <br />disabilities. <br />24 <br />